New Delhi, Sep 15: The Delhi High Court has permitted the termination of a pregnancy of more than 30 weeks involving a 15-year-old rape survivor, observing that forcing a child to continue a pregnancy arising from sexual violence could undermine her dignity and reproductive autonomy.
Justice Madhu Jain, in an order passed on September 8, said the advanced stage of pregnancy could not be considered in isolation from the circumstances of the case.
The court noted that the survivor was a minor who had allegedly been subjected to sexual assault and had also lost both her parents. It said compelling her to continue the pregnancy could expose her to further physical and psychological trauma.
The court stressed that reproductive autonomy, bodily integrity and dignity were important considerations while examining such exceptional cases, while also emphasizing that the procedure must be medically feasible and carried out with appropriate safeguards.
The court directed the medical authorities at Lady Hardinge Medical College and S K Hospital to make arrangements for the termination at the earliest, subject to an assessment of the girl’s medical condition and the feasibility of the procedure.
It also ordered that appropriate records be maintained and that tissue or foetal material be preserved for DNA identification and other purposes connected with the criminal case.
The State government was directed to bear the expenses associated with the procedure, including medical investigations, medicines, hospitalisation, food and other related requirements.
The court also directed doctors to provide all possible medical care if the foetus was born alive during or following the procedure. In such an eventuality, the Child Welfare Committee would take further steps in accordance with law.
The High Court observed that a 15-year-old child should not be reduced to the status of a mother merely because she had been forced into pregnancy following sexual violence.
It said that while courts could not undo the trauma suffered by the child, the legal system could ensure that she received care, protection, dignity and support during a period of profound vulnerability.
